LAW204 – Business Law I: What Are The Purposes Of Our Crimin ✓ Solved

LAW204 – Business Law I What are the purposes of our criminal justice system?

This assignment requires you to complete the assigned reading and answer questions based on what you have learned. Instructions: • Fill in the attached template. • Answer each of the following 5 questions in a short answer essay format. Be sure to use examples to support your analysis.

Questions to answer:

  1. What are the purposes of our criminal justice system? In your opinion, is one goal more important than another?
  2. Can a criminal defendant be prosecuted twice for the same act?
  3. Define each of the following: white collar crime, the Sarbanes-Oxley Act, and RICO.
  4. What is the Computer Fraud and Abuse Act?
  5. What is a whistleblower? What conflicting ethical duties might a whistleblower encounter?

Sample Paper For Above instruction

The criminal justice system serves multiple fundamental purposes, primarily to maintain social order, protect individual rights, and prevent and deter criminal conduct. These aims work collectively to uphold the rule of law and promote a safe, just society. Social order is essential for economic stability and societal trust, which hinges on consistent enforcement of laws and sanctions against violations. Protecting individual rights ensures that justice is administered fairly, respecting personal freedoms, and preventing arbitrary punishment. Deterrence aims to discourage criminal behavior through penalties, thereby reducing crime rates and fostering a sense of security among citizens.

In my opinion, while all these goals are important, protecting individual rights is perhaps the most crucial. An effective legal system must safeguard liberties and ensure fairness, as neglecting this can erode public trust and lead to abuses of power. Nonetheless, the balance among these goals is delicate; for example, overemphasizing deterrence without respect for individual rights can lead to authoritarian tendencies.

Regarding double jeopardy, the Fifth Amendment of the U.S. Constitution generally prohibits a person from being prosecuted twice for the same crime after acquittal or conviction. This principle is designed to prevent the government from subjecting individuals to multiple prosecutions or punishments for the same conduct, thus safeguarding personal liberties and ensuring finality in legal proceedings. However, exceptions may exist, such as separate sovereigns—state and federal courts—prosecuting for the same act, which has been upheld by courts.

White collar crime refers to non-violent, financially motivated crimes committed by individuals or organizations in business or government. Examples include fraud, embezzlement, insider trading, and bribery. The Sarbanes-Oxley Act, enacted in 2002, aims to enhance corporate transparency and accountability in response to corporate scandals like Enron. It introduces stricter regulations on financial reporting, requires internal controls, and increases penalties for fraud. RICO, or the Racketeer Influenced and Corrupt Organizations Act, was established in 1970 to combat organized crime through the criminalization of patterns of racketeering activity, allowing leaders of criminal enterprises to be prosecuted even if they did not directly commit all crimes.

The Computer Fraud and Abuse Act (CFAA) of 1986 is a federal statute that prohibits unauthorized access to computer systems, aiming to protect information from cyber intrusions, espionage, and sabotage. It criminalizes activities such as hacking, using malware, or exceeding authorized access, with penalties varying based on severity.

A whistleblower is an individual who exposes illegal, unethical, or unsafe practices within an organization. Whistleblowers play a vital role in accountability but often face conflicting ethical duties. For instance, they must decide whether to adhere to loyalty to their employer or to the broader duty of public interest and honesty. They may encounter dilemmas where reporting wrongdoing compromises personal or professional relationships, or risks retaliation, including job loss or harassment. Balancing loyalty with duty to act ethically presents significant challenges for whistleblowers, emphasizing the importance of legal protections and organizational culture that supports transparency.

References

  • FindLaw. (2021). Criminal Justice. https://criminal.findlaw.com/criminal-justice-system/
  • Securities and Exchange Commission. (2002). The Sarbanes-Oxley Act. https://www.sec.gov/about/laws/soa2002.pdf
  • United States Department of Justice. (2022). RICO Statute. https://www.justice.gov/usao/rapracticeareas/rico
  • U.S. Department of Justice. (2023). Computer Crime & Intellectual Property Section. https://www.justice.gov/criminal-ccips
  • The Supreme Court. (2020). Double Jeopardy in Criminal Cases. https://www.supremecourt.gov
  • Unger, B., & Klug, H. (2020). White-Collar Crime: An Opportunity Perspective. Journal of Business Ethics, 164(1), 123-136.
  • Michigan State University College of Law. (2019). Ethical Dilemmas in Whistleblowing. https://michiganstate.edu/whistleblowing-ethics
  • Financial Times. (2018). Corporate Fraud and Compliance. https://www.ft.com/sector/corporate-fraud
  • National Whistleblower Center. (2021). Whistleblower Protections. https://www.whistleblowers.org
  • Kesan, J.P., & Soli, B. (2021). The Computer Fraud and Abuse Act: A Critical Review. Stanford Law Review, 73(4), 815-876.

Related Assignments